Merchant Shipping Act 1988 (c. 12)

(The document as of February, 2008)

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(a) the owner of the vessel, or

(b) any charterer, manager or operator of the vessel,

require that person, at such time or times as may be specified in the notice--

(i) to produce to the Secretary of State such documents or descriptions of documents specified in the notice, and

(ii) to furnish to him, in such form as may be specified in the notice, such accounts, estimates, returns or other information (of whatever nature) specified in the notice,

as the Secretary of State thinks necessary for the purpose of determining whether the vessel is eligible to be so registered.

(2) In a case where the owner of a registered vessel is a company, subsection (1) shall apply to any person holding any shares in the company as it applies to the company.

(3) Where the Secretary of State has served a notice under subsection (1) with respect to any vessel, then, unless he has become satisfied that the vessel is eligible to be registered as a British fishing vessel--

(a) he shall, as soon as practicable after the end of the period of 30 days beginning with the date of service of that notice, serve a notice under subsection (6) on the owner of the vessel, and

(b) the vessel's registration shall terminate by virtue of this subsection at the relevant time.

(4) Where it appears to the Secretary of State that there is not in force in respect of any registered vessel any such certificate as is mentioned in section 15(2), he may by notice served on the owner of the vessel require the vessel to be presented for a survey under the fishing vessel survey rules within the period of 30 days beginning with the date of service of the notice.

(5) If the vessel is not presented for such a survey within that period--

(a) the Secretary of State shall serve a notice under subsection (6) on the owner of the vessel, and

(b) the vessel's registration shall terminate by virtue of this subsection at the relevant time.

(6) A notice under this subsection is a notice stating--

(a) that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel, or

(b) that the vessel has not been presented for a survey as required by a notice under subsection (4),

as the case may be, and that the vessel's registration will accordingly terminate at the relevant time by virtue of subsection (3) or (5).

(7) In this section "the relevant time", in relation to a notice under subsection (6), means the end of the period of 14 days beginning with the date of service of that notice.

17 Consequences of termination of registration by virtue of s.16

(1) Where the registration of any vessel has terminated by virtue of section 16(3) or (5), then, without prejudice to the operation of any other provision of this Part of this Act or of regulations under section 13, the vessel shall not again be registered as a British fishing vessel unless--

(a) the Secretary of State is satisfied that the earlier failure of the vessel to be eligible to be so registered or (as the case may be) to be presented for a survey was due to inadvertence, and (in the latter case) that the vessel has since been presented for a survey, or

(b) the Secretary of State consents to the vessel being so registered, or

(c) in the case of a vessel whose registration terminated by virtue of section 16(3), the Secretary of State is satisfied that the vessel has been disposed of by its former registered owner by means of a transaction at arm's length and that no person who for the time being is a relevant owner of the vessel was a relevant owner of it at the time when its registration terminated.

(2) In subsection (1)(a) "survey" means a survey under the fishing vessel survey rules.

(3) For the purposes of subsection (1)(c) a person is a relevant owner of a vessel at any time if at that time--

(a) the legal title to the vessel or any share in it is vested in that person, or

(b) the vessel or any share in it is beneficially owned by that person, or

whether vested in, or (as the case may be) owned by, that person alone or together with any other person or persons.

18 Registration of property in fishing vessels

(1) For the purposes of the registration of a fishing vessel--

(a) the property in the vessel shall be divided into 64 shares;

(b) except as provided by paragraph (c), the number of persons registered as owners of the vessel shall not at any time exceed 64;

(c) any number of persons not exceeding five may be registered as joint owners of the vessel or of any share in the vessel (but for the purposes of paragraph (b) the registered joint owners of any such share shall be treated as constituting one person);

(d) a registered joint owner of the vessel or of any share in the vessel shall not be entitled to dispose of his interest in the vessel or share separately from the interest or interests in it of the other joint owner or joint owners; and

(e) a person shall not be entitled to be registered as the owner of a fractional part of a share in the vessel.

(2) Subsection (1)(b) and (c) do not prejudice any beneficial interest of any person represented by or claiming under or through a registered owner (including a registered joint owner).

Transfers etc. of registered vessels

19 Transfer of vessel or share by bill of sale

(1) Any transfer of--

(a) a registered vessel (not being a vessel registered in pursuance of paragraph 2(c) of Schedule 2), or

(b) a share in any such vessel,

shall be effected by a bill of sale satisfying the requirements specified in subsection (2), unless the transfer will result in the vessel ceasing to be British-owned for the purposes of section 14(1)(a).

(2) Those requirements are that the bill of sale--

(a) is in such form as may be prescribed or approved by the Secretary of State; and

(b) contains a description of the vessel sufficient to identify the vessel to the satisfaction of the Secretary of State.

(3) Where any such vessel or share has been transferred in accordance with subsection (1), the transferee shall not be registered as owner of the vessel or share unless--

(a) he has made an application for the purpose in accordance with regulations under section 13 and has produced to the Secretary of State the bill of sale by which the vessel or share has been so transferred, and

(b) the Secretary of State is satisfied as mentioned in section 15(1);

and section 15(2) and (3) shall apply in relation to an application under this subsection as they apply in relation to an application for the registration of a fishing vessel.

(4) If an application under subsection (3) is granted by the Secretary of State, the Secretary of State shall--

(a) register the bill of sale referred to in paragraph (a) of that subsection by causing the applicant's name to be entered in the register as owner of the vessel or share in question, and

(b) endorse on the bill of sale the fact that that entry has been made, together with the date and time when it was made.

(5) Bills of sale shall be registered under subsection (4) in the order in which they are produced to the Secretary of State for the purposes of registration.

(6) If on an application under subsection (3) the Secretary of State is not satisfied that the vessel with respect to which the application is made is eligible to be registered as a British fishing vessel--

(a) the Secretary of State shall serve a notice under subsection (7) on the owner of the vessel; and

(b) the vessel's registration shall terminate by virtue of this subsection at the end of the period of 14 days beginning with the date of service of that notice.

(7) A notice under this subsection is a notice stating--

(a) that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel; and

(b) that the vessel's registration will accordingly terminate by virtue of subsection (6) at the end of the period referred to in that subsection.

20 Transmission of property in vessel or share other than under s.19

(1) Where a registered vessel, or a share in a registered vessel, is transmitted to any person by any lawful means other than by a transfer under section 19, that person shall not be registered as owner of the vessel or share unless--

(a) he has made an application for the purpose in accordance with regulations under section 13 and has produced to the Secretary of State such evidence of the transmission as may be prescribed; and

(b) the Secretary of State is satisfied as mentioned in section 15(1);

and section 15(2) and (3) shall apply in relation to an application under this subsection as they apply in relation to an application for the registration of a fishing vessel.

(2) If an application under subsection (1) is granted by the Secretary of State, he shall cause the applicant's name to be entered in the register as owner of the vessel or share.

(3) The preceding provisions of this section shall apply in relation to the transmission of the interest of a joint owner in a registered vessel or in a share in any such vessel as they apply in relation to the transmission of any such vessel or share, except that anything required to be done by virtue of subsection (1)(a) shall be done by both or all of the joint owners of the vessel or share.

(4) If on an application under subsection (1) the Secretary of State is not satisfied that the vessel with respect to which the application is made is eligible to be registered as a British fishing vessel--

(a) the Secretary of State shall serve a notice under subsection (5) on the owner of the vessel; and

(b) the vessel's registration shall terminate by virtue of this subsection at the end of the period of 14 days beginning with the date of service of that notice.

(5) A notice under this subsection is a notice stating--

(a) that the Secretary of State is not satisfied that the vessel in question is eligible to be registered as a British fishing vessel; and

(b) that the vessel's registration will accordingly terminate by virtue of subsection (4) at the end of the period referred to in that subsection.

Mortgages of registered vessels

21 Mortgages of registered vessels

(1) Schedule 3 to this Act (which makes provision with respect to the registration of mortgages) shall have effect.

(2) Where the registration of any fishing vessel terminates by virtue of any provision of this Act, the termination of that registration shall not affect any entry made in the register under Schedule 3 so far as relating to any undischarged registered mortgage of that vessel or of any share in it.

(3) In subsection (2) "registered mortgage" has the same meaning as in Schedule 3.

Unregistered fishing vessels

22 Offences relating to, and liabilities of, unregistered fishing vessels

(1) If any fishing vessel to which this subsection applies fishes for profit--

(a) the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and

(b) the vessel shall be liable to forfeiture.

(2) Subsection (1) applies to any fishing vessel which is either--

(a) eligible to be registered under this Part, or

(b) wholly owned by one or more persons qualified to be owners of British ships for the purposes of Part I of the 1894 Act,

but is neither registered under this Part nor excluded from registration by regulations under section 13 nor registered under the law of any country outside the United Kingdom.

(3) Subsection (1) also applies to any fishing vessel which (notwithstanding that it is not entitled to be so registered) is for the time being registered in the United Kingdom under Part I of the 1894 Act or section 5 of the [1983 c. 13.] Merchant Shipping Act 1983 (registration of small ships).

(4) Subject to subsection (8), if any prescribed marks are displayed on a fishing vessel which is not a registered vessel, the skipper, the owner and any charterer of the vessel shall each be guilty of an offence.

(5) If the skipper or owner of a fishing vessel which is not a registered vessel does anything, or permits anything to be done, for the purpose of causing the vessel to appear to be a registered vessel, then (subject to subsection (8))--

(a) the skipper, the owner and any charterer of the vessel shall each be guilty of an offence; and

(b) the vessel shall be liable to forfeiture.

(6) Where a fishing vessel is not a British ship and is not registered under the law of any country outside the United Kingdom, but--

(a) it is eligible to be registered under this Part, or

(b) it is wholly owned by one or more such persons as are mentioned in subsection (2)(b), or

then (notwithstanding that the vessel is not entitled to any benefits, privileges, advantages or protection usually enjoyed by a British ship) the vessel shall, for the purposes mentioned in subsection (7), be dealt with in the same manner in all respects as if the vessel were a British ship.

(7) Those purposes are--

(a) the payment of dues, fees or other charges;

(b) liability to fines and forfeiture; and

(8) Where the registration of any vessel has terminated by virtue of any provision of this Part, any prescribed marks displayed on the vessel within the period of 14 days beginning with the date of termination of that registration shall be disregarded for the purposes of subsections (4) to (6).

(9) Subsections (1), (4) and (5)(a) apply to offences falling within those provisions wherever committed.

(10) Section 76 of the 1894 Act (proceedings on forfeiture of ship) shall apply to any vessel liable to forfeiture under this section as it applies to any such ship as is mentioned in subsection (1) of that section.

Supplemental

23 Notification of changes in ownership etc., and offences relating to furnishing of information

(1) If at any time there occurs, in relation to a registered vessel--

(a) any change affecting the eligibility of the vessel to be registered as a British fishing vessel, or

(b) any change (not falling within paragraph (a)) in the percentage of the property in the vessel which is beneficially owned by persons who are qualified persons or companies within the meaning of section 14,

the owner of the vessel shall, as soon as practicable after the change occurs, notify the Secretary of State in writing of that change.

(2) Any person who contravenes subsection (1) shall be guilty of an offence.

(3) Any person who--

(a) in connection with the registration of any vessel or the making of any other entry in the register in pursuance of this Part, or

(b) in purported compliance with the requirements of any notice under section 16(1),

knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.

(4) Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required to produce by a notice under section 16(1) shall be guilty of an offence.

24 Penalties for offences under s. 22 or 23 and other provisions relating to such offences

(1) Any person guilty of an offence under section 22 or 23 shall be liable--

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(2) Proceedings for an offence under section 22 or 23 shall not be instituted--

(a) in England and Wales, except by or with the consent of the Attorney General, the Secretary of State or the Minister; or

(b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland, the Secretary of State or the Minister.

(3) Proceedings for an offence under section 22 may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(4) In this section "the Minister"--

(a) in relation to England and Wales, means the Minister of Agriculture, Fisheries and Food; and

(b) in relation to Northern Ireland, means the Secretary of State concerned with sea fishing in Northern Ireland.

25 Application of other enactments, etc

(1) Any reference (however phrased) in any statutory provision not contained in this Act to the registration of a fishing vessel under any of the enactments specified in section 13(2) shall, so far as the context permits, be construed as, or as including, a reference to the registration of a fishing vessel under this Part; and connected phrases shall be construed accordingly.

(2) The following provisions of the 1894 Act, namely--

(a) section 69 (penalty for unduly assuming British character), and

(b) section 71 (penalty for acquiring ownership if unqualified),

shall not apply to a registered vessel; and section 72 of that Act (liabilities of unregistered ships) shall not apply to a fishing vessel (whether registered or not).

(3) Sections 8 and 9 of the [1968 c. 77.] Sea Fisheries Act 1968 (general powers of British sea-fishery officers and powers of sea-fishery officers to enforce conventions) shall apply in relation to--

(a) this Part of this Act, and

(b) any regulations made under it,

as they apply in relation to any order mentioned in section 8 of that Act and in relation to any convention mentioned in section 9 of that Act respectively; and sections 10 to 12 and 14 of that Act (offences and supplemental provisions as to legal proceedings) shall apply accordingly.

(4) A document purporting to be a copy of any information contained in an entry in the register and to be certified as a true copy by an authorised officer of the Secretary of State shall be evidence (and, in Scotland, sufficient evidence) of the matters stated in the document.

Part III Miscellaneous Provisions relating to Merchant Shipping etc.

Financial assistance

26 Financial assistance in respect of costs of training merchant navy officers and ratings

(1) The Secretary of State may, with the consent of the Treasury, give any person or body of persons of any description determined by him for the purposes of this section financial assistance in respect of expenses incurred or to be incurred by any such person or body in connection with the training (whether in the United Kingdom or elsewhere) of officers and ratings for service in merchant ships, including expenses incurred or to be incurred by any such person in connection with his undergoing any such training.

(2) Assistance under this section may be given by way of a grant or a loan or otherwise; and in giving any such assistance the Secretary of State may impose such conditions as he thinks fit, including conditions requiring a grant to be repaid in specified circumstances.

(3) This section is without prejudice to any other power of the Secretary of State to give financial assistance in connection with any such training as is mentioned in subsection (1).

27 Financial assistance in respect of crew relief costs

(1) The Secretary of State may, with the consent of the Treasury, give financial assistance to--

(a) the owner of a ship registered in the British Islands, or

(b) any manager of a ship so registered, being either an individual ordinarily resident in the British Islands or a body corporate which is incorporated in the British Islands and has its principal place of business there,

in respect of travel and other costs incurred by the owner or manager in connection with members of the ship's crew joining or leaving the ship outside the Limited European trading area.

(2) If the Secretary of State so determines, eligibility for assistance under this section shall be conditional on the fulfilment of such conditions with respect to all or any of the following matters as are specified in his determination, namely --

(a) the nationality of any person in relation to whom any such costs as are mentioned in subsection (1) are incurred;

(b) the ordinary residence of any such person;

(3) Assistance under this section may be given by way of a grant or a loan or otherwise; and in giving any such assistance the Secretary of State may impose such conditions as he thinks fit.

(4) For the purposes of this section--

(a) the crew of a ship shall be taken to include the master and other officers of the ship; and

(b) "the Limited European trading area" has the same meaning as it has for the purposes of any regulations made under section 43 of the [1970 c. 36.] Merchant Shipping Act 1970 (regulations about manning).

The Merchant Navy Reserve

28 Establishment of the Merchant Navy Reserve

(1) The Secretary of State may establish and maintain a body of persons to be known as the Merchant Navy Reserve whose members may, in such circumstances and for such periods as the Secretary of State may determine, be required by him to serve in ships belonging to or employed in the service of Her Majesty.

(2) The Merchant Navy Reserve shall consist of such number of persons as the Secretary of State may determine who voluntarily undertake to become members of the Reserve and are accepted as members of it.

(3) The Secretary of State may determine the procedure by which, and the conditions under which, persons may become, or (subject to any regulations made by him under this section) may cease to be, members of the Merchant Navy Reserve.

(4) The Secretary of State may make regulations with respect to the calling into, and discharge from, service of members of the Merchant Navy Reserve and with respect to other matters relating to the service of members of the Reserve.

(5) Any such regulations may, in particular, make provision--

(a) for call-out notices to be served on members of the Reserve;

(b) for the requirements to be complied with by persons on whom such notices have been served;

(d) for regulating the conduct and discipline of members of the Reserve who have entered into service, and for securing their attendance at their places of duty;

(e) for the imposition of fines, or the forfeiture of pay or other amounts, for misconduct or breaches of discipline or for contraventions of provisions of the regulations.

(6) Without prejudice to the operation of subsection (5)(e), regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the third level on the standard scale or such lower amount as is prescribed by the regulations.

29 Supplementary provisions relating to Merchant Navy Reserve

(1) Subject to such conditions as the Secretary of State may determine, there shall be payable to members of the Merchant Navy Reserve such pay, bounties and allowances as he may determine.

(2) The Secretary of State may make such payments as he thinks fit in connection with the training and certification of members of the Merchant Navy Reserve (including payments to persons undergoing such training and payments in connection with the re-validation of certificates).

(3) The Secretary of State shall not make any determination under subsection (1), or any payment under subsection (2), except with the consent of the Treasury.

(4) Where any person is called into service by virtue of regulations under section 28--

(a) the provisions of the [1985 c. 17.] Reserve Forces (Safeguard of Employment) Act 1985 shall apply to that person as if any service rendered by him in pursuance of the call-out were whole-time service within the meaning of that Act; and

(b) any service so rendered shall be relevant service within the meaning of the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951.

Safety of navigation, oil pollution etc.

30 Owner and master liable in respect of dangerously unsafe ship

(1) If, having regard to the nature of the service for which it is intended--

(a) a ship in a port in the United Kingdom, or

(b) a ship registered in the United Kingdom which is in any other port,

is, by reason of any of the matters mentioned in subsection (3), not fit to go to sea without serious danger to human life, then, subject to subsections (5) and (6), the master and the owner of the ship shall each be guilty of an offence.

(2) Where, at the time when a ship is not fit to go to sea as mentioned in subsection (1), any responsibilities of the owner with respect to the particular matters by reason of which the ship is not fit to go to sea have been assumed (whether wholly or in part) by any person or persons other than the owner, and have been so assumed by that person or (as the case may be) by each of those persons either--

(a) directly, under the terms of a charter-party or management agreement made with the owner, or

(b) indirectly, under the terms of a series of charter-parties or management agreements,

the reference to the owner in subsection (1) shall be construed as including a reference to that other person or (as the case may be) to each of those other persons.

(3) The matters referred to in subsection (1) are--

(a) the condition, or the unsuitability for its purpose, of--

(i) the ship or its machinery or equipment, or

(ii) any part of the ship or its machinery or equipment;

(b) undermanning;

(d) any other matter relevant to the safety of the ship.

(4) A person guilty of an offence under this section shall be liable--

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(5) It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence--

(a) arrangements had been made which were appropriate to ensure that before the ship went to sea it was made fit to do so without serious danger to human life by reason of the matters falling within subsection (3) which are specified in the charge (or, in Scotland, which are libelled in the complaint, petition or indictment); or

(b) it was reasonable for such arrangements not to have been made.

(6) It shall also be a defence in proceedings for an offence under this section to prove--

(a) that, under the terms of one or more charter-parties or management agreements entered into by the defendant, the relevant responsibilities, namely--

(i) where the defendant is the owner, his responsibilities with respect to the matters referred to in subsection (5) (a), or

(ii) where the defendant is liable to proceedings under this section by virtue of subsection (2), so much of those responsibilities as had been assumed by him as mentioned in that subsection,

had at the time of the alleged offence been wholly assumed by some other person or persons party thereto; and

(b) that in all the circumstances of the case the defendant had taken such steps as it was reasonable for him to take, and exercised such diligence as it was reasonable for him to exercise, to secure the proper discharge of the relevant responsibilities during the period during which they had been assumed by some other person or persons as mentioned in paragraph (a);

and, in determining whether the defendant had done so, regard shall be had in particular to the matters mentioned in subsection (7).

(7) Those matters are--

(a) whether prior to the time of the alleged offence the defendant was, or in all the circumstances ought reasonably to have been, aware of any deficiency in the discharge of the relevant responsibilities; and

(b) the extent to which the defendant was or was not able, under the terms of any such charter-party or management agreement as is mentioned in subsection (6)(a)--

(i) to terminate it, or

(ii) to intervene in the management of the ship,

in the event of any such deficiency, and whether it was reasonable for the defendant to place himself in that position.

(8) No proceedings for an offence under this section shall be instituted--

(a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

(9) In this section--

"management agreement", in relation to a ship, means any agreement (other than a charter-party or a contract of employment) under which the ship is managed, either wholly or in part, by a person other than the owner (whether on behalf of the owner or on behalf of some other person);
"relevant responsibilities" shall be construed in accordance with subsection (6);

and any reference in this section to going to sea shall, in a case where the service for which a ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.

(10) References in this section to responsibilities being assumed by a person under the terms of a charter-party or management agreement are references to their being so assumed by him whether or not he has entered into a further charter-party or management agreement providing for them to be assumed by some other person.

31 Owner liable for unsafe operation of ship

(1) It shall be the duty of the owner of a ship to which this section applies to take all reasonable steps to secure that the ship is operated in a safe manner.

(2) This section applies to--

(a) any ship registered in the United Kingdom; and

(b) any ship which--

(i) is registered under the law of any country outside the United Kingdom, and

(ii) is within the seaward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom,

unless the ship would not be so proceeding but for weather conditions or any other unavoidable circumstances.

(3) If the owner of a ship to which this section applies fails to discharge the duty imposed on him by subsection (1), he shall be guilty of an offence and liable--

(a) on summary conviction, to a fine not exceeding £50,000;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(4) Where any such ship--

(a) is chartered by demise, or

(b) is managed, either wholly or in part, by a person other than the owner under the terms of a management agreement within the meaning of section 30,

any reference to the owner of the ship in subsection (1) or (3) above shall be construed as including a reference--

(i) to the charterer under the charter by demise, or

(ii) to any such manager as is referred to in paragraph (b), or

(iii) (if the ship is both chartered and managed as mentioned above) to both the charterer and any such manager,

and accordingly the reference in subsection (1) to the taking of all reasonable steps shall, in relation to the owner, the charterer or any such manager, be construed as a reference to the taking of all such steps as it is reasonable for him to take in the circumstances of the case.

(5) No proceedings for an offence under this section shall be instituted--

(a) in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;

(b) in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.

32 Conduct endangering ships, structures or individuals

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